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R-00-02-24-11F7 - 2/24/2000Mayor Robert A. Stlaka, Jc Mayor Pro-tem Martha A. Chavez Council Members Tom Nielson Earl M. Hairston Rick Steuart Earl Palmer Jimmy Joseph City Manager Robert L. Bennett, Jr City Attorney Stephan G Sheets CITY OF ROUND ROCK June 15, 2000 Mr. J. Michael Heath, P.E. Alliance Texas Engineering Co. 3939 Bee Cave Road, Suite 200 -C Austin, TX 78746 Dear Mr. Heath: 221 East Main Street Round Rock, Texas 78664 512- 218 -5400 The Round Rock City Council approved Resolution No. R- 00- 02- 24 -11F7 at their regularly scheduled meeting on February 24, 2000. This resolution approves the agreement for traffic modeling for SH -130. Enclosed is a copy of the resolution and agreement for your files. If you have any questions, please do not hesitate to contact Tom Word at 218 -5555. Sincerely, I 1 Christine Martinez Assistant City Secretary Enclosures Fax: 512 -218 -7097 Ncotofuo 1 -800- 735 -2989 TDD 1 -800- 735 -2988 Voice www.ci.round- rock.tx.us RESOLUTION NO. R- 00- 02- 24 -11F7 WHEREAS, the City of Round Rock desires to retain engineering services for traffic modeling for SH 130, and WHEREAS, Alliance Texas Engineering Company has submitted an agreement to provide said services, and WHEREAS, the City Council desires to enter into said agreement with Alliance Texas Engineering Company, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City an agreement with Alliance Texas Engineering Company, for traffic modeling for SH 130, a copy of said agreement being attached hereto and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended, and the Act. RESOLVED this 24th day of Febr 2000. LAND, City Secretary K:\ NPOOCS \HESOLUTI \A00224P7.W /ac `R� ROBERT A. STLTJKA, J Mayor City of Round Rock, Texas ALLIANCE TEXAS ENGINEERING COMPANY PROJECT NAME SH130 Traffic Projections CLIENT Round Rock, Texas Attn: Mr. Tom Word ADDRESS 2008 Enterprise Drive Round Rock, Texas 78664 COMPENSATION to be on a basis of AUTHORIZATION FOR PROFESSIONAL SERVICES 3939 Bee Cave Rd, Suite 200C Austin, Texas 78746 PROJECT NUMBER hereby requests and authorizes Alliance -Texas Engineering Company to perform the following services: SCOPE: Provide Professional Traffic Engineering Services to develop Traffic Projections for Proposed Alignments for Future SH130 as described in the attached scope. a lump-sum fee of$46, 747.78. This contact anticipates upto four (4) meetings as described in the attached scope. Any additional meetings will he held atthe direction of the client and will be conducted under addrtional Preparation of display materials for any presentations will be conducted under additional services. All serviceswillbecompletedatthewrfttencire tionofthedient If technical or professional servioesarefurni_s iedbyan outside source, they will be added to the cost of the services. MISCELLANEOUS ATTACHMENTS: Services covered by this authorization shall be performed in accordance with PROVISIONS stated o CLIENT Approval: Exhibit "A ", Project Scope of Work Exhibit "B", Compensation Exhibit "C ", Services by Client Exhibit "D ", Standard Rate Schedule Title: in/-V6 FEieU0 c24 0 0 00 Date: ALLIANCE T GI EERING CO. Acceptance: By: ael Bath, P.E. Title: Pr' ci.al Date: January 21 2000 1. AUTHORIZATION TO PROCEED Signing this form shall be construed as authorization by CLIENT for Alliance Texas Engineering Company ('A -TEC ") to proceed with the work, unless otherwise provided for in the authorization. 2. LABOR COSTS A -TEC's Labor Costs shall be the amount of salaries paid A- TEC's employees for work performed on CLIENTS Project plus a stipulated percentage of such salaries to cover all payroll- related taxes, payments, premiums, and benefits. 3. DIRECT EXPENSES A -TEC's Direct Expenses shall be those costs incurred on or directly for the CLIENTS Project, including but not imbed to necessary transportation costs including mileage at A -TEC's current rate when its automobiles are used, meals and lodging, laboratory tests and analyses, computer services, word processing services, telephone, printing and binding charges. Reimbursement for these EXPENSES shall be on the basis of actual charges when furnished by commercial sources and on the basis of usual commercial charges when furnished by A- TEC 4. OUTSIDE SERVICES When technical or professional services are furnished by an outside source an additional ten percent shall be added to the cost of these services for A -TEC's administrative costs 5. COST ESTIMATES Any cost estimates provided by A -TEC will be on a basis of experience and judgement, but since it has no control over market conditions or bidding procedures A -TEC cannotwarrant that bids or ultimate construction costs will not vary from these cost estimates. 6. PROFESSIONAL STANDARDS A -TEC shall be responsible, to the level of competency presently maintained by other practicing professional engineers in the same type of work in CLIENTS community, for the professional and technical soundness, accuracy, and adequacy of all design, drawings, specifications, and other work and materials furnished under this Authorization, A -TEC makes no other warranty, expressed or implied. 8. ARBITRATION At claims, disputes, and other matters in question arising out of, or relating to, this Authorization or the breach thereof may be decided by arbitration in accordance with the rules of the American Arbitration Association then obtaining. Either CLIENT or A -TEC may initiate a request for such arbitration, but consent of the other party to such procedure shall be mandatory. No arbitration arising out of, or relating to this Authorization may include, by consolidation, joinder, or in any other manner, any additional party not a party to this Authorization. PROVISION 9. 10. PAYMENT TO A-TEC Monthly invoices will be issued by A -TEC for all work performed under the terms of this agreement Invoices are due and payable within 30 days of receipt. Interest at the rate of 116% per month will be charged on all past -due amounts, unless not permitted by law, in which case, interest will be charged at the highest amount permitted by law. The CLIENT agrees to pay A -TEC for work performed in accordance with the terms of this contract, without regard to public agency approval of the project Payment of A -TEC is expressly not conditioned upon the CLIENT receiving any paymentfrom third parties who are not a party to this contract The individual executing this contract, if acting on behalf of a partnership or corporation that he/she represents, has the authority to do so, and agrees to be personally responsible for payment of all invoices. In the event that the services of a collection agency or attorney are required to enforce the terms of this agreement, the CUENT agrees to pay all related costs. 11. 7. TERMINATION Either CLIENT or A -TEC may terminate this authorization by giving 30 days written notice to the other party. In such event CLIENT shall forthwith pay A -TEC in full for at work previously authorized and performed prior to effective date of termination. If no notice of termination is given, relationships and obligations created by this Authorization shall be terminated upon completion of all applicable requirements of this Authorization. 14. S LEGAL EXPENSES In the event legal action is brought by CLIENT or A -TEC against the other to enforce any of the obligations hereunder or arising out of any dispute concerning the terms and conditions hereby created, the losing party shall pay the prevailing party such reasonable amounts for fees, costs and expenses as may be set by the court. ADDITIONAL SERVICES Services in addition to those specified in Scope will be provided by A-TEC if authorized in writing by CLIENT. Additional services will be paid for by CLIENT as negotiated. Any agent of the CUENT who has authorization to request or authorize work or in any way act on behalf of the CLIENT must sign this agreement or be appointed by the CLIENT through written notification to A -TEC. The CLIENTs signature indicates his / her agreement to pay for changes in the scope of work requested by such an agent acting on behalf of the CLIENT. 12. SALES TAX In accordance with the State Sales Tax Codes, certain surveying services are taxable, Applicable sales tax is not included in the above proposed fee. Sales tax at an applicable rate will be indicated on invoice statements. 13. SURVEYING SERVICES In accordance with the Professional Land Surveying Practices Act of 1989, the CLIENT is informed that any complaints about surveying services may be forwarded to the Texas Board of Professional Land Surveying, 7701 North Lamar, Suite 400, Austin, Texas 78752, (512) 452 -9427. NON ASSIGNABLE CONTRACT This contract is not assignable, except with prior written consent of A-TEC, and no assignment shat relieve the CLIENT of any obligations under this contract In case any one or more of the provisions contained in this Agreement shall be held illegal, the enforceability of the remaining provisions contained herein shat not be impaired thereby. File: Z:\A- TEC\SH 130 -Round Rock\contract.wpd EXHIBIT "A" SCOPE OF WORK SH 130 Traffic Projections PROJECT PARAMETERS The following assumptions pertain to the provision of Basic Services: A. The CLIENT for this project is the City of Round Rock, Texas. B. These services are being provided for submission to the Texas Department of Transportation. C. Analysis will be based on the latest Capital Area Metropolitan Planning Organization (CAMPO) roadway plan, at the time of this proposal. D. The CLIENT will work on behalf of the ENGINEER to assist the ENGINEER in obtaining data required to perform this SCOPE OF SERVICES. TRAFFIC PROJECTIONS FOR SH 130 FOR UP TO FOUR (4) SCENARIOS Task 1 Model System for Forecasting Alternatives 1.1 Code and review the 2020 alternative network on a SH 130 alignment west of Lake Walter E. Long, incorporating the City of Round Rock arterial network. 1.2 Code and review the 2020 alternative network a SH 130 alignment totally east of Lake Walter E. Long, incorporating the City of Round Rock arterial network. Task 2 Perform up to Four (4) Scenarios for 2020 Toll- Constrained Forecast Traffic on SH 130 These scenarios will be used to determine the impacts of different roadway alignments as described below. 2.1 A 2020 traffic forecast on an alignment west of Lake Walter E. Long, incorporating the City of Round Rock arterial network. 2.2 A 2020 traffic forecast on an alignment totally east of Lake Walter E. Long, incorporating the City of Round Rock arterial network. SH 130 Traffic Forecasts Transportation Planning Sery ices Proposal Page 1 January 21, 2000 Task 3 Report 3.1 Develop report graphics, summaries and tables. 3.2 Write report 3.3 Submit report to CLIENT for review and comment. 3.4 Incorporate CLIENT's comments. 3.5 Produce one hundred (100) reports. Task 4 Meetings 4.1 Attend one organizational meeting with the CLIENT (Round Rock) and others to determine the required roadway networks and other parameters for the test scenarios. 4.2 Attend up to three (3) other meetings at the direction of the CLIENT (Round Rock) NOTE: All meetings will be at the direction of the CLIENT or the CLIENT's representative(s). Other additional meetings will become additional services and will be performed on an hourly fee basis as per Task 5. Task 5 Additional Services Alliance -Texas Engineering Company anticipates that Additional Services may be necessary to complete this project. The tasks stipulated in this section are specifically excluded from the scope. In the event these additional services are required, a scope of services and any fee for additional services shall be agreed upon between CLIENT and ENGINEER in advance of services being accomplished; and the Agreement shall be amended. These services include but are not limited to the following: 5.1 Any meetings between CLIENT, CLIENT representatives, ENGINEER, and/or City Staff, as directed by CLIENT which are not included in this scope of work. 5.2 Automatic and/or non - automatic Traffic Counts 5.3 Additional scenario analyses at the direction of the client. 5.4 Additional revisions to the model due to changes in land use plans, traffic SH 130 Traffic Forecasts Transportation Planning Services Proposal Page 2 January 21, 2000 patterns, and/or recommendations from CLIENT or CLIENT's representatives; 5.5 Any additional analysis (PASSER II -90, TRANSYT -7F) that may be required by the CLIENT or governmental agencies having jurisdiction over this development. SH 130 Traffic Forecasts Transportation Planning Services Proposal Page 3 January 21, 2000 EXHIBIT `B" COMPENSATION 1.1 FEE /COMPENSATION FOR SERVICES AND REIMBURSABLE EXPENSES Direct Labor: A retainer fee is not required for this project. Direct labor to complete the transportation planning services described in Task 1 through Task 4 with the exception of meetings beyond those allowed herein would be completed on a lump -sum basis of $46,747.78 Direct labor to complete Task 5, as authorized by the CLIENT, will be conducted on an hourly basis as shown in Exhibit "D ". Reimbursable Items: All supplies, printing, maps, facsimile transmissions and reproduction would be charged at cost plus ten percent (10 %) for Alliance -Texas Engineering Company's administrative expenses; all travel would be reimbursable at $0.31 per mile or at cost for other forms of travel. 1.2 TIMES OF PAYMENT 1.2.1 ENGINEER will submit monthly invoices for work performed under the terms of this agreement. Invoices are due and payable within 20 days receipt of invoice. SH 130 Traffic Forecasts Transportation Planning Services Proposal Page 4 January 21, 2000 EXHIBIT "C" SERVICES BY THE CLIENT 1.1 In general, the CLIENT and its representatives to their best of their efforts will render services as follows: 1.1.1 Provide full information as to the CLIENT's requirements for the PROJECT. 1.1.2 Assist the ENGINEER by placing at his disposal all available written data pertinent to previous operation, reports and any other data affecting the PROJECT. 1.1.3 Respond promptly in writing to requests by the ENGINEER for authorization to proceed with specific activities deemed desirable. 1.1.4 Examine documents submitted by the ENGINEER and render decisions pertaining thereto, promptly, to avoid unreasonable delay in the progress of the ENGINEER's services. 1.1.5 Furnish information required of him as expeditiously as necessary for the orderly progress of the work. 1.2 The ENGINEER shall be entitled to rely upon the CLIENT's representative, who shall be identified in writing, regarding decisions to be made by CLIENT; further, all notices or information shall be deemed made when conveyed to the representative. 1.3 The services, information, and reports required by Paragraph 1.1 (above) 1.1.1 through 1.1.5 inclusive shall be furnished at the CLIENT's expense, and the ENGINEER shall be entitled to rely upon the accuracy and completeness thereof. SH 130 Traffic Forecasts Transportation Planning Services Proposal Page 5 January 21, 2000 Principal $85 - $125 Senior Transportation Engineer $80 - $125 Director of Transportation $80 -$125 CADD Technician $50 - $75 Transportation Analyst $50 - $85 Clerical Support $15 - $40 Reimbursable Cost+ 10% SH 130 Traffic Forecasts Transportation Planning Services Proposal EXHIBIT "D" Alliance -Texas Engineering Company 2000 Standard Rate Schedule Page 6 January 21, 2000 DATE: February 18, 2000 SUBJECT: City Council Meeting — February 24, 2000 ITEM: 11.F.7. Consider a resolution authorizing the Mayor to execute an engineering services agreement with Alliance Texas for traffic modeling for SH 130 alternatives. Staff Resource Person: Jim Nuse, Public Works Director.